The Piercing Truth

This is right from the dictionary and seems to describe Albuquerque, Berry and Schultz. Fascism (f ash ,izem) noun An authoritarian right wing system of government and/or social organization. (in general use) extreme right wing, authoritarian, chauvinistic and/or intolerant views or practices. Fascism tends to include a belief in the supremacy of one group over another, national, ethnic, especially social strata or monetarily; a contempt for democracy, an insistence on obedience to a powerful leader, and a strong demagogic approach. Compliments of one of our Eyes

Feb 21, 2013

BREAKING DOUBLE BAD

Today is not what you would call a good day for APD and it's failed leadership of Ray Schultz, Allen Banks, Steve Warfield, or acting deputy chief Will "photobug" Roseman. Nor was it a good day for APD lawyer Kathy Levy. Our Eyes tell us despite Levy's efforts to hide the ball and move the line, Judge Bacon ruled in favor of the the Plaintiff's in the civil rights lawsuit of Kenneth Ellis v. APD/Ray Schultz. If you remember this shooting occurred in January of 2010 and stands as a hallmark of a series of questionable shootings by APD. In this case, similar to other cases, Mr. Ellis was shot while he was holding a gun to his own head. With the exception of the officer who originally stated "Fuck, was that me" all the other officers on the scene asserted there was no need to shoot Mr. Ellis. The shooting officer then later changed his statement to argue that shooting Mr. Ellis was necessary because he posed a threat to other officers. The Plaintiff's argued that there was no significant disagreement on the facts of the incident and thus asked for a summary judgment. Since the jury ultimately determines what the facts are IF there is disagreement of the facts it was not necessary for this case to go to a jury. Ms Levy tried in vain we are told to twist and distort the facts so it appeared there was disagreement and aside from infuriating Judge Bacon did not further her cause. In the end the judge ruled in favor of the Plaintiffs and held that APD and the officer were unreasonable in their use of deadly force and in doing so violated Mr. Ellis's civil rights. For a plaintiff to succeed on a motion for summary judgement involving an incident of such magnitude is no small feat and only reveals how unlawful the actions of the officer sadly were.

Now the question is how many millions will the city have to pay to cover the punitive damages associated in this case...

Just as it seems things could not get worse, things do. You see despite BCSO's initial reports that APD Sgt. Adam Casaus was chasing a drunk driver when he collided into another car killing one of its occupants and severely injuring the other, we are no told that not only was Sgt. Casaus NOT on duty at the time of the accident, but he in fact ran the red light colliding into the other car. Sgt Casaus failed to clear the intersection. Of course in neither case has the failed leadership of APD owned any responsibility for these tragedies. Nor have they personally reached out to the families of either party to express their sincere sadness and desire to find the truth of what occurred. Instead they hide behind a lawyer barely fit to argue a traffic tickets.

Again we ask, how many millions will the city have to pay to cover the punitive damages associated in this case...

Lastly, we hear that IA is now doing the investigation into former Sgt. Pat Ficke's drinking buddies. We here at the Eye have been wondering about this since this story broke out. Given that Commander Christman, Lieutenant Troy Luna, Sgt Alex Catsis, and Sgt Dan Cambell are of such rank who is exactly going to do their investigation. We think ANYBODY in APD is clearly unfit for such a job and it should be referred out to another agency because of the grotesque conflicts of interests such an investigation poses. But given the department's efforts to hide, conceal, and lie we suspect such an investigation will be handled in-house and probably by the likes of whomever wants to be APD's next Deputy Chief. Who knows, given their success at FAILING at so many things, perhaps Deputy Chief Banks would do a tremendous job with their investigation...

Why Oh Why doesn't common sense prevail? These debacles are going to cost millions.  Don't forget the 44 million spent last year on liability by Berry and Company.  This is just another one of Berry's "Train Wrecks."

Mayoral Candidate Paul Heh has said it many times; "Tell the truth and make right whatever it is the City has done wrong?"  If the City is wrong, make good on the problem and if the City is right in its' actions then fight it.  This is just one more reason to get rid of Berry and VOTE PAUL HEH into office.

42 comments:

Anonymous said...

I take it from ready all the articles that Bret had changed his story. The story was "was that me" after Bret's rifle discharged to he felt threatened by Ellis and he fired.

I certainly hope that Schultz has common sense and does not promote Bret. Isnt there some questions bout his application. He maybe should not be a 34 much less a sgt.

Anonymous said...

The EYE said: "Why Oh Why doesn't common sense prevail? These debacles are going to cost millions."

I say: Why doesnt the police obey the laws they are hired to uphold? Lets start with the real problem, APD officers breaking the law on a daily basis. The real problem is the behavior of police officers. The inmates are running the asylum, not two or three idiots at the top. Until you stop lying to protect your friends things will not change. Let the media know that several officers drove city vehicles home from Marble Brewery while under the influence, let the media know what Casaus was up to that evening, let everyone know that a bad cop made a bad decision and killed that man at the 7-11. Do the right thing, tell the truth.

Anonymous said...

He,s an admitted criminal.

Anonymous said...

Bret used his pistol and his gay assortment of mags NOT his rifle. If he's on the sergeant list that is AWESOME!!!!

Anonymous said...

@8:11

I couldn't agree more with your comment. While I do not disagree with most of what is said here about the 5th floor, the individual behaviors of some officers are equally as bad and need to be acknowledged. The actions of a few officers make the department as a whole look bad on a regular basis. In my day, these fools would have been dealt with by their fellow officers in no uncertain terms. When an officer's poor judgement or reckless actions begin to reflect on the hard working good people on the department, it's time to shut them down. Putting on a badge does not make one a good cop anymore than hanging a stethascope around your neck makes you a good doctor. Upholding the law, acting lawfully with courage and respect for each other and the citizens they serve is what earns you the right to call yourself a good cop. It's easier to blame Ray for everything... but until the rank and file learn to control their own, this kind of sad pattern will continue no matter who is chief...

Anonymous said...

@10:14

Excellent post and thank you for not deflecting personal responsibility for one's actions! If you are an APD officer, my utmost respect to you Sir and God Bless.

Anonymous said...

"Instead they hide behind a lawyer barely fit to argue a traffic tickets."
This is right on the money and I have the case record to prove it.....

Anonymous said...

I've heard that former Governor Johnson has lives by a motto, "Hang a lantern on your mistakes". It isn't the mistake that will come to haunt you, it is the covering up of the mistake. Just go ask Pete.....

Anonymous said...

Bret didn't know he fired his side arm. Even better. No wonder he didnt know he had fired. We have an excuse for his Apd application? It wasnt marijuana but oregano he smoked and he didn't know he had smoked it. Get the fuc* out.

Anonymous said...

If there are no examples set at the top, what do you expect?

Anonymous said...

" All Aboard" !! The KF train is pulling out at 6:00 tonight.
get your 'kitchen passes' boys.
Don't want to be the kaboos on this one.

Anonymous said...

Knock, knock.
Who's there?
FBI Ma'am
Ray's not here,he doesn't live here anymore.
Where does he live Ma'am?
Ray's not here, he doesn't live here anymore.

Really people. Maybe he lives in Four Hills now.

The Tremendous Regulator said...

THIS IS WHAT YOU HAVE WHEN WE HAVE:

PART 1

When you have people blaming the top, or supervisory portion of an organization there is whole merit in it when there is total inconsistency. This is where Schultz, his command staff, and the city attorney who is another story altogether come not only into play, but are the cause. When officers lie, cheat, steal, and commit crimes, they should be held accountable and punished in accordance with guidelines of fairness. Just like anyone else. I will agree with that. But if you are going to say treat them like anyone else then treat them that way. Not trying them twice. Not suspending them once, then taking their certification away after that punishment, or using the revocation of an officer's certification to get a termination when you don't have the spine to fire them yourself or to back a wrongful decision on your part. This is where the problem is and I will explain it. When you have commanders who pull down their pants and have sex in police department offices, in evidence rooms and in stairwells, when you have officers who commit crimes and the chief sweeps it under the rug, when you have high ranking chiefs sleeping with their secretaries and suboordinates, when you have retaliation by chiefs of police and a city attorney who hides evidence or lies to cover up that retaliation,
when you have a chief who tells his deputies to order their IA investigators to lie during investigations and in their testimony, when you have supervisors drinking and driving, when you have the chief hiring admitted felons who admit to forcible sodomy, drug use and bribery in their pre hiring personal data questionaires, when you have commanders lie time and time again, when you have commanders having sex in lawn chairs and howling moaning and screaming to the point that the neighbors call the police and nothing is done about it but a chuckle in the work place, when you have officers who can shoot people for no reason and for reasons that defy the human mind they are cleared by IA and a grand Jury but when an outside or unbiased, "UNBIASED" being the key word or someone not politically influenced then sees it they reverse the justification, not only saying that it was wrong, but it is murder, when you have a detailed set of standards that outline use of deadly force but a cheif gets on television and justifies shooting out the back window of a fleeing suspect's vehicle when they don't even know who the driver is, and an investigation has not even been initiated yet, When a chief of police states two officers celebrated beating someone up that "you can assume that's what they are doing", when you have a chief of police who laughs in the faces of citizens at city council meetings and taunts them, (How despicable is it that he can do this to people who have lost loved ones?) when you have a chief who tampers with cases and witnesses either directly, or as we all know here, through other parties in an intentional effort to insulate himself from incriminating himself when he knows that ANY influence is a felony, when you have supervisors who think officers are their maids, then threaten them and commit battery in the workplace when they are told where to go, when you have those same supervisors getting testing and getting promoted, when you have a mayor who when running for office knew all of this to the point that he agreed to rid the city of Schultz until influenced, then keeping him. When there are absolutely no standards whatsoever and everyone does whatever they want, so long as they are connected..........

CONT'D

Anonymous said...

@1014.....in theory it should be there. I mean we are talking about COPS and COPS are supposed to uphold the law, and do what's right regardless if anybody is looking. BUT this is APD....an example of upsidedown land. Here, shit rises to the top, and the more you lie cheat and steal the higher you climb in rank and opportunity. People lie and they get overtime. People lie and they get inside gigs with little oversite. People lie and they get boosted from lieutenant to commander or deputy chief. People lie and cases disappear. People lie and a lawyer who LIES LIKE SHE BREATHES covers your mess.

You posting as "anonymous" reinforces it and proves my point. My posting as "anonmymous" proves the same. The "Regulator" posts crazy shit but we all know what they say is totally true. But it's at least a start. As is leaking all the shit that the Eye posts because enough is fucking enough. Burn it all down and start over.

APD is in critical failure but the chief liar says there's no problem. Well if this is what no problem looks like I can'w wait to see what a real problem looks like....

The Tremendous Regulator said...

PART 2

....when you have a city attorney who is so defiant, that she gets caught misrepresenting facts, and outright lying about national case law standards that even a lay person can understand, When that same city attorney loses because of their failure, their lack of ethics, their arrogance and intentional misconduct, then still has the audacity to attack a judge's decision in the media, When that decision was the only decision, When you have a gang of people running things into the ground so out of control that the federal government has to step in. When you have that same gang breaking laws, and ruining lives so blatantly, in an effort to cover up their misconduct that they attack everyone who exposes them, and put so much effort into a concerted propaganda campaign to futilely and stupidly attempt to fool an organization with the unlimited resources intelligence, direction and education in these matters as the DOJ has, when you have an insanely out of control police chief who states HE WILL NOT BE WRONG and SUE ME I'LL BE LONG GONE BEFORE THE LAWSUIT HITS then is still here because of his mentally ill ego, and knowledge that if he leaves now he will be mopping bathrooms, When you have a police chief who doesn't know that he will be mopping bathrooms anyway, when you have a police sergeant that beats his wife and flees police, all the while stealing money from the APOA while going golfing with this chief of police, when you have this chief of police consorting with this thief. When you have another sergeant who beats his wife, BUT a few months prior makes a drug buy with a brief case containing $30,000 in city drug buy money, then hands over the money before getting the drugs only to have the dealer flee with the money and get away with the money never being recovered, and no investigation is done. When we have a police chief who sweeps something like this under the rug, didn't know about that one did anyone???? THIS IS WHAT YOU HAVE.

YOU HAVE A VICIOUS CIRCLE AND CITIZENS WHO HAVE NO TRUST IN THEIR POLICE DEPARTMENT.

WHY?

Because the culture had to start somewhere. This was started by someone who surrounded himself with like minded individuals, and it spiraled out of control from there. How do you expect honesty when only the honest are targeted? This is a fact. Retaliation and vindictiveness are proven with this chief as are civil rights violations. The good officers don't know what side is up because of the diaparity within APD. One thing they know is that they will be retaliated against and set up if they speak out against one of the chosen punks. The rest have been getting away with it for so long that they are out of control.

The citizens and officers deserve better and it is not going to change untim the chief of police, his daputies, and most of the command staff are removed. When rampant moral turpitude is tolerated to the point that one person is handed down from one regime to the next to sexually use as a blow upo doll and wreck homes, how can you expect any honor at all at the top. How can you expect a leaderless organization to have any control or accountability when absolutely no example is being set???

Cont'd



The Tremendous Regulator said...

When you have a city attorney who is so defiant that she gets caught misrepresenting facts and outright lying about national case law standards that even a lay person can understand, When that same city attorney loses because of their failure, their lack of ethics, their arrogance and intentional misconduct, then still has the audacity to attack a judges decision in the media, When that decision was the only decision, When you have a gang of people running things into the ground so out of control that the federal government has to step in. When you have that same gang breaking laws and ruining lives so blatantly in an effort to cover up their misconduct that they attack everyone who exposes them and put so much effort into a concerted propaganda campaign to futilely and stupidly attempt to fool an organization with the unlimited resources intelligence, direction and education in these matters as the DOJ has, when you have an insanely out of control police chief who states HE WILL NOT BE WRONG and SUE ME I'LL BE LONG GONE BEFORE THE LAWSUIT HITS then is still here because of his mentally ill ego and knowledge that if he leaves now he will be mopping bathrooms, When you have a police chief who doesn't know that he will be mopping bathrooms anyway........

Cont'd

Why do we have this?

Why do we have the next wave of top supervisory candidates filled with fools and pathetic scum who burn people's ears off with tazers and get found liable for civil rights violations????.... cowards who cause death and sorrow withy their pathetic and selfish acts of moral turpitude????.... Punks who put their hands on people and threaten people in the work place???? Supervisors who won't even stand up for what is right and blow the whistle on the corruption????? WHY???????

Because they know in light of their indescretions, the chief will promote them based solely on their loyalty to him and the fact that he has something held over them. This is the mentality. Schultz pulls on these weak minions as his task doers because they owe him. Pretty disgusting isn't it? Why all the coverups? Because Schultz has built his army this way. If this scum bag has no use for you, you get thrown under the bus, or if throwing you under the bus is the use, then you will be under it before you even knew it was coming.

Cont'd

Anonymous said...

At the Chiefs Staff meeting this week... " The DOJ was very impressed with what they saw while here" "They will be back in March for ride alongs" Do they really think we believe that SHIT???? The DOJ heads are probably spinning wondering WHERE DO WE START..... Nice try 5th floor...

The Tremendous Regulator said...

........So don't fool yourself....
This is all the fault of a few at the top along with their attorney because when employees know where they stand the line is clear. Cross it and it's over. When teh line is blurred, moved constantly or not even there in most instances, there is no set standard, no organization, and no accountability. It gives the bad employees a feeling of invulnerability, and reinforces the mentality that they are above the law. When people are above the law to the point that they are protected, the good don't have a chance because they have three choices, join them for the weak, keep their mouth shut for the weak, or speak out and fight the corruption for those with the courage to know that they will be targeted and sabotaged from the shadows by these cowards.

Nothing will change until there is a mass outing and uprooting of what is in place at the top. This is the only answer. The filth needs to be cleaned out and like a virus and cancer, there needs to be clean boarders. That means removing any trace or remnant of anything that is left behind that can be influenced or that could grow back like a cancer cell. Total change is needed. A clean blackboard. An organism whether it be a virus or cancer's main objective is to survive. Viruses have unique ways they spread and replicate as do cancers. WE know this. This just just needs to be applied to the way these bad influences have hold of Albuquerque.

Know this. Elements of this filth attempt to post their filth here along with their propaganda to redirect blame towards what they call bad apples. How can these bad trees see the bad apples through the bad Forest?

I am not disagreeing with you. There are bad cops, as there are bad people. There are also good officers who have been victimized. There are good folks who have been even more victimized and the leader of APD has condoned it if not flat out orchestrated it. The lawsuits have shown this and they will continue to do so.
Seek the truth on a case by case basis and look at motivation.

My friend, this all starts at the top and we all have a fight ahead of us to change things.

I feel for the citizens because they have been lied to so much that they also don't know what side is up. Understanding on both sides is going to help this. Officers who try to understand the frustration of citizens who are fed by a lying police chief and the media who doesn't tell the whole story will break the chain of a self fulfulling prophecy of officers becoming that which they are accused of merely out of their reaction to the treatment of being accused. Both sides need to commit to understanding, citizens and officers. The chief is foreign to this concept because he is hateful arrogant and a creep who doesn't care about anyone or anything but himself. This is why there is no community policing anymore.

These corrupt officials might have some money (tax payer money by the way) and influence but justice, and the truth are stacked against them.

Hopefully things change!
We all deserve it.

DM Gilmore said...

What has become of the once proud and distinguised APD. Many things I suspect and most of them not good. One would think that wisdom would be the result of experience and for some reason it has not. The leadership of APD is failing its less experienced officers, perhaps not entirely their fault if they never learned to be a good officer and were promoted before their time. As in all situations there are exceptions. After speaking to a number of senior and retired officers their angst concerning APD can be identified as anything from anger to total bewilderment.
I can hear the objections to my comments from the inexperienced officers and to those of them I say only time and experience will gift you wisdom, you will still make mistakes but hopefully not costly ones.
Perhaps a more conservative approach to promotion, ie., increased time on the Dept., increased time on the streets, more training for the position and a more stringent probationary period.
A few of the things that have gotten cops in trouble over the ages are, liquor, guns, sex,vehicles and their mouth. When dealing with any of these issues take just a second to ask yourself am I doing the right thing.
Finally, start working with and for each other, uphold your oath and return APD to its past esteem.

Anonymous said...

The DOJ is happy? they'll be back in MARCH for ride alongs?
WTF. Where the fuck are they going? Are you kidding me. Is this just a smoke screen/ They better do same damn digging and not just focus on civil rights violations.
34s, I'm not a cop but an imbecile can figure out that Schultz will use you as a shit shield and throw everyone of you that even thinks about making a mistake. Right , wrong or indifferent, you will all be screwed, blewed and tattooed when he's done with you, all in the sake of saving his own lying ass.
Darren did the same thing. These guys are and never were a cop's cop. Please be safe and be damn careful. the snake is out of its cage.

Anonymous said...

THERE IS ONLY ONE THING THAT WILL FIX THIS.
IT'S CALLED AN ELECTION.
@#$%&* @#$%^ @#$%^&* BASTARDS

Anonymous said...

Whitey Hanson, Bob Stover. Where are these kind of guys anymore?
Albuquerque needs to restore the integrity at City hall. Were these guys politicians? No.
However, they can retire and still live in the community, because the retired, left the department with integrity and honor intact.
Ray will have to step down in disgrace and leave the state and bring his culture to some other city. Wish Darren would do the same and take those political appointed hillbillies at the Downs and Expo with him.

Anonymous said...

Poster above. SPOT ON !!
We desperately need integrity restored.
We need a guy like Paul Heh, not another sleazeball politician.
Oust RJ Berry, Mr. Nice guy, empty suit, pretend mayor. How's that old saying go , " fake it till you make it" well it been almost four years and he still doesn't know his way around the been pole.
The 'Peter Principal' is alive and well at the 11th floor.

Anonymous said...

DOJ was impressed. That's all they said. They didn't say we are impressed by how you blatantly tell us you did things without realizing you are admitting to felonies.

Anonymous said...

There aint anything nice about RJ. He acts like a shrill old biddy spinster. I wonder if he has any clue how Heh is going to eviscerate him publically.

Anonymous said...

FYI, SGT opening in SWAT.

Anonymous said...

Fox or Catsis leave?

Anonymous said...

Catsis is taking Ficke's spot.

Anonymous said...

Catsis. Kicked out.

Anonymous said...

Was Catsis kicked for not taking action when the lt attacked the 34? he should have booked that lt. The incident was committed in his presence wasn't it. Why was he botted? Now is the time o invest in chap stick the ass kissing is bout to begin again.

Anonymous said...

Catsis was kicked out because he was drinking with Ficke while being on call.

Anonymous said...

Alex doesnt know anything about the field.

Anonymous said...

I hear Miller from IA is going out to the field too. Shultz snitch guys.... smoke him out.

Anonymous said...

Miller going to the field as preparation for commander appointment as vast majority of his supervisory experience has been inside, IA specifically.

Anonymous said...

What happened to the days were cops protected each other and the blue line was strong. The job of a police officer is very difficult within itself, but the negativity and backstabbing of APD personnel is disgusting. Talking bad about each other on this blog makes your organization look weak and pathetic. For example, two weeks ago one of your own was all over the news. On this blog officers talked negative about him and other officers agedly involved, when maybe they could of kept their comments to themselves, or offered support. A news anchor was also allegedly involved with that same incident. Not one media outlet named her, but she was named in the report and complaint. Maybe APD should take a lesson from this and learn how to support their own. If the heartless cowards of the media can be a family, why cant officer who protect each other every day do the same.

Anonymous said...

Ya we heard Lt Miller is coming out to the field our money is on him taking NE days... Geez worthless Lt worthless Commander....

Anonymous said...

@952 you wanna support a wife beater that's on you. DoJ is here because for too long we sat down and let the dozen or so assholes move up the chain or become damn loose cannons. We're 900 strong. But these few absolute fuck ups make us look bad and to be quiet makes people think we agree with their bull shit. We want those days back when we stood brother to brother,no matter what, because back then no one ever did anything half as shady as today's crap because they knew we'd clean them out of our house. Now we promote them.
As for the journalist, you wanna be a badge bunny whatever but don't talk about your husband when you're bantering with the weather guy

Anonymous said...

Meny commenters don't seem to realize that police officers are humen. A majority commenters' criticism of officers would compare officers to an omnipotent being who compute every outcome, all SOP and case law instantaneously and simultaneously, howevere that is not the case. Yes i believe that officers make mistakes and break laws, and they should be held accountable for their own actions. However the mejority of these anonymous commenters don't realize if you did a side by side comparison to a minority of the populous you would find that an exponentially low number of officers actually commit criminal acts. You will also find out that most people in the private sector do not have their picture posted on every news channel after committing a misdemeanor act, and you will also find that officers are being penalized harder then the average citizens. The officer is publicly humiliated and then given stricter penalties for their actions. Now is that fair? Shouldn't Jo Blow at the work place be publicly humiliated? And shouldn't the jury, lawyer, and judges believe they should issue the same stiff penalties to Jo Blow? And shouldn't Jo Blow be given day, weeks or years off without pay? That's not the case with lawyers and judges throwing out case after case, and the private sector giving two licks about what Jo Bow is doing on his private time. If I can recall its something like 80% of metropolitan court cases dismissed.

Anonymous said...

Judges toss cases because the cases suck or the officer FTAs. Period.

Anonymous said...

So I get it place Catsis under Christman. Seriously

Anonymous said...

Mrs Ficke is way cuter than that skank from KRQE. Pat has made some poor choices

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